ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00043178
Parties:
| Complainant | Respondent |
Parties | Gheorghe Clima | Galaxy Bathrooms |
Representatives | No Show | No Show |
Complaint(s):
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00053375-001 | 21/10/2022 |
Date of Adjudication Hearing: 24/05/2023
Workplace Relations Commission Adjudication Officer: Brian Dalton
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant is a non-national who stated that he had worked for this employer for a long time. He alleges that he is due payment of wages amounting to €1334 on or about the 29th of July 2022. The Complaint form was lodged with the WRC on the 21st of October 2022. |
Summary of Complainant’s Case:
The Complainant failed to attend at the hearing. He did make contact after the hearing date and explained that he was unable to attend as he commenced a new job. |
Summary of Respondent’s Case:
The Respondent failed to attend. |
Findings and Conclusions:
The Complainant failed to contact the Commission prior to the hearing to seek a postponement because he had just started a new job. While he did write after the event to explain why he did not attend, the reason provided does not amount to an exceptional reason to explain why he was unable to contact the Commission prior to the hearing. In these circumstances where a hearing was scheduled and there was a no show, I must determine that the Complainant failed to make out his case and the Complaint is not well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
The Complainant failed to contact the Commission prior to the hearing to seek a postponement because he had just started a new job. While he did write after the event to explain why he did not attend, the reason provided does not amount to an exceptional reason to explain why he was unable to contact the Commission prior to the hearing. In these circumstances where a hearing was scheduled and there was a no show, I must determine that the Complainant failed to make out his case and the complaint is not well founded. |
Dated: 27th June 2023
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
No show |